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She is refusing to give half, is she able to do that?
answered on Mar 4, 2020
By "separated," I assume you mean living apart, not legally separated. If you are married, you will both need to sign to transfer ownership of the house. You can refuse to sign unless you get a portion of the proceeds. I would contact the closing company and make them aware that you... View More 
He took her when i was sick back in November for 2 weeks so i could get well and then he enrolled her into preschool behind my back . He would drop her off at first to spend a few days with me and turn around and come get her without contacting me first . Now he refuses to let me talk to her... View More
answered on Feb 28, 2020
It is difficult to say what you can do without knowing more. Were you married? If so, are you divorced? You say that you are "supposed to have" custody. Is there a divorce decree or other court order that sets forth the parenting time you each get? If so, you can go to court to... View More
Spoke to his dad telling the court hearing was yesterday at 130pm I was never served papers or anything about the court hearing
answered on Feb 25, 2020
I would contact the court clerk's office and take a look at what documents have been filed. See if there is an affidavit of service. If not, you can raise that to the court.
Are trying to give my boys right to their dad. Can I fight this at all?
answered on Feb 25, 2020
It sounds like a custody motion. You can certainly oppose that.
If you are sure that you have never been served, then the case is not properly before the court. If, however, you have been served, you will need to make an appearance or the court can rule against you by default. If you... View More
She doesn't have her children all the time. She lives with her grandparents who currently basically are raising but is in control of who can and cant see the babies.
answered on Feb 23, 2020
Has your son been adjudicated the father? Does he have court-ordered parenting time? If so, you could see the child during that time. If not, neither he nor you have any enforceable rights.
Now with having joint legal custody of 9 yr old son and his case manager and therapist never meeting me in person and solely going on the words of my angry ex-wife towards me and being very unprofessional and bias toward me. Do I have the right to take them both off my son's case? since I... View More
answered on Feb 20, 2020
If you have joint legal custody, you have equal say in determining medical/psychiatric treatment. You should have been consulted prior to starting therapy. You should raise to the court the fact that you weren’t and can then ask that they be removed for bias or other reasons.
he tells me and asks me questions that no 9 yr old should know about or be told such as at his last appointment his therapist called him into room asking what we talk about on visits and phone calls so she knows what to say in court and his case manager talking to his mom in front of him saying... View More
answered on Feb 19, 2020
You will likely want/need a transcript of the recording if it is to be presented to the court. For now, highlighting the conversation and noting that the entire conversation is available for the court may suffice. Note that court's generally dislike parents involving the children in disputes... View More
Im filling out my response in our divorce we have joint legal custody. her complaints are ludacris and she has put see attached but has nothing to support anything shes claiming the reasons why asking for a change cause nothing that shes claiming happened on visits ever has happened. His school... View More
answered on Feb 17, 2020
Yes, you should have access to the records. If they won’t provide voluntarily, you can subpoena them.
Hello, my bf is court ordered to have him on weekends and she has asked us to have him more. If we don’t have him his grandma does . Who doesn’t live with mom. We seem to be sharing custody with grandma not mom. Mom voluntarily quit job. And we’re still paying her $400 dollars a month. Is... View More
answered on Feb 12, 2020
you cannot stop making payments unless the court modifies the child support order. You would need to go to court and ask first that parenting time be modified to reflect the actual situation, and then ask that support be modified per the new schedule. If mom voluntarily quit, income can be... View More
He was never married to the mother. How would you find out if it has been adjudicated? The child in has lived under my wife and my roof, with the father (my step son) for 40-45 percent of the time, this has been on going for 4 years child spends the rest of the time with child's mother, under... View More
answered on Feb 11, 2020
Normally, you can look up cases online, however, if this is a paternity case it would not show up. If it is a divorce, then it would. If your step son is seeking official parenting time, then yes, the living arrangement would help your case. That said, there are many variables involved.
father has been ordered to pay child support, does that take away the presumption of paternity?
answered on Feb 11, 2020
If a father has been ordered to pay child support, that would indicate that he was either married to the mother or adjudicated the father. Presumption of paternity would no longer apply unless another man is challenging the paternity.
If a ROP is signed by the farther at the time of birth, does that off set MN law that states, a unmarried mother mother has sole rights to the child
Thank you,
Fred Prescott
answered on Feb 11, 2020
No. The ROP creates a presumption of paternity, but if the parties are unmarried, an adjudication of paternity is still required for paternal rights.
I have a son who's gonna be 15 in July, and a daughter who is 10, with one woman. After we separated, we managed to agree to visitation, and custody, without going to court. She has had physical custody of both of them for the last few years. During that time I had another daughter who just... View More
answered on Jan 22, 2020
Termination of rights to one child does not terminate rights to other children.
You indicated that you and the mother have "separated" and agreed to custody and visitation. Were or are you married to one another? If not, you have no enforceable parental rights unless you go to... View More
By bf and I have an ofp and also a danco. I have court this wed to ask to modify the ofp as I'm pregnant and want phone calls and for him to attend my Dr appts. Hes in treatment. If they grant the ofp modification does that go for the danco as well or do I have to do something else for the... View More
answered on Jan 13, 2020
If there are multiple orders prohibiting contact they would all need to be modified in order for contact to be allowed. If only one is modified, the other would remain in effect and contact would be a violation.
My bf is being charged with 2nd deg assault w/dangerous weapon. I don't want to testify as I dont want him to go to jail. The issue was he was on drugs and now in a long term treatment program. I wanted him to get help for his issues. He is pleading not guilty and taking it to trial. If I get... View More
answered on Jan 13, 2020
You could be held in contempt and the judge could also issue a warrant for your arrest.
My daughters father and I broke up due to emotional abuse and he has changed the behavior since then we both still want to be together and work stuff out but he told me the court said if he were to be together with me again he'd be sent to jail for it is that possible
answered on Jan 12, 2020
Is there an Order For Protection in place? If so, violating it is a crime and can lead to jail time.
answered on Dec 18, 2019
Usually, until a court order is established either parent is entitled to possession of the child. Some states give the mother possession depending on the age of the child. Seek the advice of a family law attorney as soon as possible.
answered on Nov 7, 2019
Minnesota law does not define emancipation or give a procedure to follow to be emancipated. So, the process and grounds for emancipation are not all that clear, and may be different from county to county. Much of it depends on child's parents. Thus, if your parents allow you to live on your... View More
They want to terminate my parental rights because they say my home is unsafe for my children whom don’t live in the home only visits.
Rumors of domestic violence.
answered on Oct 23, 2019
No. A CHIPS case doesn’t carry potential jail time.
Now, my son is at the age of majority and my daughter lives with me. My daughter does not want to live with her mother. I live in Minnesota, and my ex-wife lives in a different state and thinks that a child support calculation would be based off of the state statute of the state she lives in.... View More
answered on Oct 22, 2019
If the decree was entered in MN and your daughter still lives here, the MN child support statute will apply. As for underemployment, this is a fact question and you would need to request her tax returns, pay stubs, and bank records in discovery. The statute allows for support to be based upon... View More
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